James Rosenfeld

Jim Rosenfeld litigates and counsels on media, intellectual property, and Internet law – including copyright, trademark, right of publicity, invasion of privacy, defamation, and commercial matters. He represents book, magazine and newspaper publishers, television and radio broadcasters, and a wide array of Internet content and service providers, including the operators of blogs and other online publications; the licensors of images, footage and music; and the publishers of news, health, education, and travel websites.

Jim is experienced in all aspects of litigation and arbitration, and equally adept at avoiding and resolving disputes. He has a particular expertise in digital media law, advising clients on issues unique to content providers on the Internet and other new platforms, including the DMCA and CDA legal immunities for user-generated content, liability arising from linking, framing and aggregation, and issues relating to online advertising, social media and piracy. He seeks to understand clients’ businesses thoroughly and shapes legal strategies to fit their competitive goals.

Representative Experience

Agence France Presse v. Morel

Currently representing Getty Images, and represented The Washington Post and CBS (both of whom settled), in litigation arising from wire service Agence France Presse's use of photographs of Haitian earthquake posted on Twitpic, a social networking application. AFP licensed the images to Getty Images, who licensed them to CBS, the Washington Post and other news outlets. A motion to dismiss resulted in dismissal of Morel’s Lanham Act claims, and summary judgment motions narrowed the scope of available relief on the remaining (copyright and DMCA) claims. Following a jury verdict for Morel at trial on those claims, defendants have filed post-verdict motions and a notice of appeal. (S.D.N.Y. Ongoing)

Rakofsky v. The Washington Post Co., et al.

Successfully obtained dismissal of defamation action against Jeanne O'Halleran, a commenter on a 'hyperlocal' community website in Georgia. The defamation lawsuit arose out of a criminal trial in Washington, D.C., which culminated in the withdrawal of defense counsel Joseph Rakofsky and a mistrial. Rakofsky subsequently sued about 80 defendants, all of whom commented or published commentary on his representation of his client in the criminal trial, for libel and other claims. The Court granted O’Halleran’s motion to dismiss based on the fair report privilege, lack of jurisdiction and other grounds. The plaintiff has appealed. (N.Y. Sup. Ct. Ongoing)

Zhang v. China Free Press

Currently defending U.S.-based non-profit organization which provides free web hosting services to websites operated by Chinese dissidents, in libel lawsuit brought by movie actress concerning articles about her on one of the hosted sites. (C.D. Cal. Ongoing)

Jones v. Dirty World Entertainment Recordings LLC

Submitted amicus brief on behalf of online service providers, including major technology companies and news media, arguing for reversal of district court's narrow interpretation of Section 230 of the Communications Decency Act. Sixth Circuit Court of Appeals ultimately reversed and vacated the judgment, endorsing a broad interpretation of Section 230 which permits websites and service providers to engage in traditional editorial functions without becoming liable for user content. (6th Cir. 2014)

Picciano v. OkCupid.com

Defended the owner of an online dating service in an action alleging negligence and false advertising. Action withdrawn after motion to dismiss filed. (N.Y. Sup. Ct. 2014)

Fleischer v. NYP Holdings, Inc.

Successfully defeated plaintiff's request for a temporary injunction that would have required websites to take down certain articles and accompanying reader comments and ultimately obtained pre-discovery dismissal of the claim, affirmed on appeal. (2013)

Alberghetti et al. v. Corbis Corporation

Represented national media and licensors of photographic imagery in amicus brief challenging district court's ruling that the subject of a photograph may assert a viable right-of-publicity claim based merely on a licensor's offer to license the copyright in the photograph. (9th Circuit 2012)

Advice to State Broadcasters’ Association

Advised a state television broadcasters’ association on copyright and trademark issues related to news aggregation website that was linking to and “framing” broadcasters’ content on its website. Averted litigation by negotiating business solution satisfactory to all parties. (2011)

Clear Channel Outdoor, Inc. v. The City of New York

Major First Amendment challenge to New York City's prohibition against outdoor advertising along its arterial highways. (2d Cir. 2010)

Psihoyos v. NBC Universal, Inc. and Getty Images

Defended a copyright infringement claim arising from NBC Universal's use of video footage of a bank of video screens, which it had licensed from Getty Images, and which the plaintiff claimed was substantially similar to his photograph '500 TVs,' depicting a bank of television screens. The case successfully settled after filing and arguing a motion to dismiss for failure to state a claim based on lack of substantial similarity to the defendant's photograph. (S.D.N.Y. 2010)

Child Model et al. v. DraftFCB

Defended Draft FCB in an action for defamation and violation of sections of the New York Civil Rights Law. Action brought by two professional models alleging that use of their photographs in an advertisement for agencies involved in counseling addicts defamed them by implying that they were former meth addicts. (S.D.N.Y. 2009)

France v. Viacom, Inc.

Grecco v. Gawker Media

Defended online media company in copyright infringement action arising out of the use of the plaintiff's photograph on Defamer.com, one of Gawker's blogs. (S.D.N.Y. 2007)

Steinbuch v. Cutler

Obtained dismissal of privacy and related claims against Ana Marie Cox, former author of the blog 'Wonkette,' based on excerpting, linking to and commenting on another blogger's first-hand accounts of her relationship with plaintiff. 1:05CV00970 (D.D.C. 2007)